HomeMy WebLinkAboutReports - 2023.10.17 - 40633
AGENDA ITEM: Acceptance from the State Court Administrative Office for the FY 2024 Access and
Visitation Program
DEPARTMENT: Friend of the Court
MEETING: Board of Commissioners
DATE: Friday, October 27, 2023 7:55 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3384
Motion to accept the FY 2024 Access and Visitation Grant from the State Court Administrative
Office (SCAO) in the amount of $23,000 for the period of October 1, 2023 through September 30,
2024, authorize the Chair of the Board of Commissioner to execute the contract, authorize the
Oakland County Friend of the Court to contract with Impact Consulting, Inc. to provide services as
detailed in the grant award; further, amend the FY 2024 budget as detailed in the attached Schedule
A.
ITEM CATEGORY SPONSORED BY
Contract Penny Luebs
INTRODUCTION AND BACKGROUND
The State Court Administrative Office (SCAO) has awarded the Friend of the Court grant funding in
the amount of $23,000 for the period of October 1, 2023 through September 30, 2024. This is the
twenty-sixth year of the grant acceptance for this program. This grant is for services to be performed
in conjunction with Impact Consulting, Inc., which facilitates parenting time (visitation) for certain
cases as determined by the Court. Matching funds are not required by the grant from Impact
Consulting, Inc. or the Oakland County Friend of the Court. The grant agreement has completed the
Grant Review Process in accordance with the Board of Commissioners Grant Acceptance
Procedures.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Suzanne Hollyer, Friend Of The Court
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 10/17/2023
AGENDA DEADLINE: 10/27/2023 7:55 PM
ATTACHMENTS
1. Schedule A _ FY2024 Access and Visitation Grant Acceptance
2. Grant Review Sign-Off FY24
3. S-FOC-AV Contract No_SCAO-2024-043 (C6 Oakland)
COMMITTEE TRACKING
2023-10-10 Public Health & Safety - Recommend to Board
2023-10-17 Full Board - Adopt
Motioned by: Commissioner Angela Powell
Seconded by: Commissioner Robert Hoffman
Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (15)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, Penny Luebs, Michael Gingell, Janet Jackson (4)
Passed
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2024
Amendment
FY 2025
Amendment
FY 2026
Amendment
R Other Grants Circuit Court Family Court FND11011 CCN3010404 RC610313 PRG126030 GRN-1003985 610000 Federal Operating Grants (28,000)$ (28,000)$ (28,000)$
Total Revenues (28,000)$ (28,000)$ (28,000)$
E Other Grants Circuit Court Family Court FND11011 CCN3010404 SC731458 PRG126030 GRN-1003985 730000 Professional Services (28,000)$ (28,000)$ (28,000)$
Total Expenditures (28,000)$ (28,000)$ (28,000)$
R Other Grants Circuit Court Family Court FND11011 CCN3010404 RC610313 PRG126030 GRN-1004255 610000 Federal Operating Grants 23,000$ 23,000$ 23,000$
Total Revenues 23,000$ 23,000$ 23,000$
E Other Grants Circuit Court Family Court FND11011 CCN3010404 SC731458 PRG126030 GRN-1004255 730000 Professional Services 23,000$ 23,000$ 23,000$
Total Expenditures 23,000$ 23,000$ 23,000$
Oakland County, Michigan
Friend of the Court - FY 2024 Access and Visitation Grant Acceptance
Schedule "A" DETAIL
GRANT REVIEW SIGN-OFF – Friend of the Court
GRANT NAME: FY 2024 Access and Visitation Grant
FUNDING AGENCY: State Court Administrative Office (SCAO)
DEPARTMENT CONTACT PERSON: Suzanne Hollyer/(248) 858-0431
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 09/15/2023
Please be advised that the captioned grant materials have completed internal grant review. Below are the returned
comments.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Shannon Lee on behalf of Sheryl Johnson (09/14/2023)
Human Resources:
Approved by Human Resources. No position impact. - Heather Mason (09/13/2023)
Risk Management:
Approved. RM sent requirement to allow for self-insurance and remove additional insured requirement before agreement
is finalized. – Robert Erlenbeck (09/14/2023)
Corporation Counsel:
Approved. My approval is of the updated agreement provided to me on 9.14.23 by T.K.B. Updated agreement was
modified to allow for self-insurance at B.E.'s request. – Heather Lewis (09/14/2023)
[Revised agreement is attached with contract modifications per Risk Management and Corp Counsel]
1
Contract Between the State Court Administrative Office and
6th Circuit Court
Contract No. SCAO-2024-043
1. DEFINITIONS GOVERNING CONTRACT
The definitions in this Section govern the terms used herein.
1.01 The term “Confidential or Proprietary Information” means confidential and/or
proprietary information belonging to the State Court Administrative Office (the
“SCAO”) which is disclosed to the Provider or which the Provider otherwise learns of
during the course of or as the direct or indirect result of rendering its Services for the
SCAO.
Confidential or Proprietary Information is information not generally known to the
public, third parties or to others who could obtain economic value from their disclosure
or use of the information. This includes all proprietary technical, financial, or other
information owned by the SCAO or any of its vendors, including by way of illustration,
but not limitation, computerized data, source codes, programs and software, written
material, inventions, whether or not patented or patentable, designs, works of
authorship, works subject to or under copyright protection, trade secrets or trademark-
protected material, performance standards concepts, formulae, charts, statistics,
financial records, and reports of the SCAO or any entity otherwise affiliated with the
SCAO.
Confidential or Proprietary Information also includes all confidential and proprietary
material that the Provider may design, author, create, distribute, or produce during the
term of this Contract when rendering Services thereunder. All information gained
during the course of Provider’s retention should be presumed confidential unless the
information is clearly identified otherwise or the circumstances of disclosure
demonstrate it not to be confidential.
In addition, Confidential or Proprietary Information is personally identifiable
information (PII) or information that could lead to the discovery of PII and/or
information protected from disclosure by law or regulation.
1.02 The term “Contract” as used in this document means the Contract between the State
Court Administrative Office, located in Lansing, Michigan, and the 6th Circuit Court,
located at 230 Elizabeth Lake Road, Pontiac, MI 49341, and includes any subsequent
amendments thereto.
1.03 The term “Effective Date” means the date upon which the Contract becomes effective,
which is the date the Contract is signed by both Parties. If the Parties do not sign the
Contract on the same date, the latest specified date will become the Contract’s Effective
Date.
Contract No. SCAO-2024-043
Page 2
2
1.04 The term “Employee Benefits” means any and all Employee Benefits the State Court
Administrative Office provides to its employees, including, but not limited to, workers’
compensation benefits, retirement benefits, pension benefits, insurance benefits, fringe
benefits, educational and/or training benefits, holiday pay, paid breaks, sick pay,
vacation pay, or such other benefits.
1.05 The term “Expenses” means all expenses that have been approved by SCAO before
they were incurred, including, but not limited to, license fees and all other types of fees,
memberships and dues, automobile and fuel expenses, insurance premiums, copying
costs, telephone costs and all other types of costs, and all salary and expenses incurred
by the Provider, and all other compensation paid to the Provider’s employees or
subcontractors that the Provider hires, retains, or utilizes for the Provider’s performance
under this Contract. This term also includes Travel Expenses as defined later in this
section.
1.06 The term “Inventions, Patented and/or Copyrighted Materials” means such writings,
inventions, improvements, or discoveries whether or not under an existing copyright,
copyright application, patent, or patent application, trademark or trademark
application, or any other third party intellectual property right that were written,
conceived, invented, made, or discovered by the Provider, including its employees
and/or subcontractors or jointly with the SCAO while engaged in Services under this
Contract.
1.07 The term “Liabilities” means any and all liabilities, obligations, damages, penalties,
claims, costs, fees, charges, and expenses, including, but not limited to, fees and
expenses of attorneys, expert witnesses, and other consultants.
1.08 The term “Parties” refers to all parties to the Contract, including the State Court
Administrative Office and all other parties.
1.09 The term “Provider” means the party(ies) with which the State Court Administrative
Office is contracting and also includes the Provider’s employees and subcontractors
providing the Contract Services.
1.10 The terms “SCAO” and “the SCAO” mean the State Court Administrative Office,
located at the Hall of Justice, 925 W. Ottawa Street, Lansing, MI, 48915.
1.11 The term “Services” refers to the goods, services, activities, projects, and initiatives
that the Provider agrees to provide to SCAO under this Contract, as described in more
detail in Section 5, Scope of Services.
1.12 The term “Taxes” refers to any and all federal, state, and local taxes, including, but not
limited to, income taxes, social security taxes, unemployment insurance taxes, and any
other taxes or fees for which the Provider is responsible.
Contract No. SCAO-2024-043
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3
1.13 The term “Travel Expenses” means expenses the Provider incurs for travel located
outside the Lansing, Michigan area, including lodging, mileage, and meals that the
Provider incurs in the reasonable fulfillment of the terms of this Contract.
Reimbursable travel expenses must be approved by SCAO before they are incurred.
1.14 The term “Work Product” refers to reports, programs, manuals, tapes, and videos
prepared under this Contract and amendments thereto. It also includes computer data,
such as programs and software in various stages of development and source codes and
object codes, and any other work product prepared by the Provider under this Contract
and amendments thereto.
2. GENERAL PROVISIONS
2.01 This Contract is made between the State Court Administrative Office, Lansing,
Michigan (the “SCAO”) and 6th Circuit Court, Oakland County Friend of the Court (the
“Provider”).
2.02 This Contract is to provide direct services that support and facilitate noncustodial
parents’ access to and visitation with their children. Supervised (including monitored
and therapeutic) parenting time and neutral drop-off services are eligible for
reimbursement under this Contract. This program is administered by the Department
of Health and Human Services, Administration for Children and Families, Catalog of
Federal Domestic Assistance Number 93.597.
2.03 In consideration of the mutual promises and covenants in this Contract, and the benefits
to be derived from this Contract, the Parties agree to the terms set forth herein.
3. TERM OF CONTRACT
3.01 This Contract becomes effective on the Effective Date.
3.02 This Contract terminates on September 30, 2024, at 11:59 p.m.
3.03 In the event that an extension of this Contract is desired, the Parties must agree to the
extension in writing.
4. RELATIONSHIP
4.01 No employer/employee relationship exists between the Parties. Further, no employee
or subcontractor of the Provider is an employee of the SCAO. The Provider is an
independent contractor, not an employee of the SCAO.
Contract No. SCAO-2024-043
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4
4.02 SCAO is not obligated either under this Contract or by implication to provide and is
not liable to the Provider for failure to provide the Provider with Employee Benefits.
The Provider is not eligible for and will not receive any Employee Benefits from the
SCAO.
4.03 The Provider is responsible for payment of any and all Taxes arising out of the
Provider’s Services in accordance with this Contract.
4.04 The Provider shall not direct the work or utilize the working time of any SCAO
employee under this Contract. To the extent that the Provider seeks the assistance of
any SCAO employee to perform the Provider’s responsibilities under this Contract, the
Provider must obtain prior written approval from the State Court Administrator or
his/her designee.
4.05 The Provider does not have the authority to and will not enter into contracts on the
SCAO’s behalf.
5. SCOPE OF SERVICES
5.01 The Provider will provide the agreed upon Services. These Services include supervised
(including monitored and therapeutic) parenting time and/or neutral drop-off and pick-
up services. The Services also will include, but not be limited to, the following:
5.01.01 Maintain safeguard procedures that assure the confidentiality of service
recipients’ personal information and that ensure that the direct services are
conducted in safe and neutral environments.
5.01.02 Comply with all monitoring, evaluation, and reporting requirements in
accordance with regulations prescribed by the Federal Secretary of Health
and Human Services and comply with the SCAO’s financial and reporting
requirements.
5.01.03 Prepare, complete, and submit quarterly “Program Worksheets” and
“Access and Visitation Service Contract Invoices” to the SCAO.
5.01.04 Permit the SCAO or any of its identified agents to inspect, observe, and
monitor the facilities and program operations authorized by this Contract by
conducting site visits, interviewing direct service providers, and viewing
court and service provider case records, receipts, client/user complaints, and
internal statistical service reports.
5.01.05 The Provider agrees that the SCAO, in consultation with the Provider, may
amend this Contract by downwardly adjusting the award amount to permit
Contract No. SCAO-2024-043
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5
redistribution of funds to other currently funded Access and Visitation
Grant Program contracts if it appears that the Provider will under-spend the
original Contract amount.
5.02 The Provider shall, during the Contract term or any extension thereof, use the
Provider’s best efforts to promote the interests of the SCAO in providing the Services
under this Contract. The Provider shall devote such time, attention, skill, knowledge,
and professional ability as is necessary to most effectively and efficiently perform the
Services.
6. PERFORMANCE AND PRICING
6.01 The SCAO agrees to pay the Provider a sum not to exceed $23,000.00 for the Services
performed and Expenses incurred pursuant to this Contract. This sum includes any and
all remuneration to which the Provider is entitled for Services rendered from October
1, 2023, through the end of this Contract term.
6.02 The Provider agrees to abide by all applicable general administrative requirements such
as the Uniform Administrative Requirements, Cost Principles and Audit Requirements
found in 2 CFR Part 200.
6.03 Funding provided by this Contract may not be used to supplant any funding currently
spent on access and visitation programs and may not be utilized for any project already
funded by the state or the Title IV-D Cooperative Reimbursement Agreements, unless
the money is used to enhance or supplement an established program. Clear distinctions
will be made according to acceptable accounting principles, including documentation
of the separation of tasks between Title IV-D personnel and grant personnel, between
projects currently funded by Title IV-D and enhancements or supplements to projects
receiving funding by this Contract.
6.04 Under no circumstance will Title IV-D funding be utilized to pay Provider for any
Expenses, administrative or otherwise, incurred from direct services provided as part
of the Federal Grants to States for Access and Visitation.
7. ASSIGNMENT
7.01 The Provider may not assign the performance under this Contract to subcontractors,
other than those identified in the Provider’s grant application, except with the prior
written approval of the SCAO.
8. METHOD OF PAYMENT
8.01 All payments for the proper performance of the Contract shall be made by the SCAO
quarterly once SCAO approves payment. The Provider must submit SCAO-approved
invoice forms to the SCAO. The invoices must include the period for which payment
Contract No. SCAO-2024-043
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6
is sought; the Contract number; the Provider’s full name and mailing address (including
the name of the Provider’s representative to whom payment should be sent) and the
Provider’s SIGMA Vendor Self Service Number.
8.02 Notwithstanding anything to the contrary in this Contract, and without prejudice to any
other rights it may have, the SCAO reserves the right at any time to off-set against any
payments mentioned in Section 8.01 any amounts payable by the Provider to the SCAO
and/or payments necessary to mitigate the damages caused by the Provider to the
SCAO in its performance of this Contract.
9. CONFIDENTIALITY OF INFORMATION
9.01 In order that the Provider may effectively provide fulfillment of this Contract to the
SCAO, the SCAO may disclose Confidential or Proprietary information pertaining to
the SCAO’s past, present, and future activities to the Provider. The Provider agrees to
limit access of Confidential or Proprietary Information to those of its employees who
have a need for such access and such employees are bound to the Confidentiality
provisions in this Contract. The Provider shall not disclose such Confidential or
Proprietary Information to any third party without prior approval from the SCAO,
unless disclosure is required by law or court order.
9.02 The Provider shall not disseminate any Confidential or Proprietary Information
obtained during any term of the Contract, including but not limited to by issuing press
releases, making public statements about or sharing any of the terms of this Contract
with any third party without doing all of the following: 1) Disclosing to the SCAO the
complete content of the intended communication; 2) obtaining the SCAO’s consent;
and 3) obligating the third party to abide by the terms of the Confidentiality provisions
in this Agreement, including obtaining a written agreement if requested by the SCAO.
9.03 If disclosure of Confidential or Proprietary Information is required by law or court
order, the Provider must notify the SCAO within five (5) business days in the manner
set forth in Section 25 of this Contract before disclosure and shall reasonably cooperate
with the SCAO to narrowly tailor disclosure and obtain protective orders or other relief
as appropriate.
9.04 The Provider agrees to return all Confidential or Proprietary Information to the SCAO
immediately upon the termination of this Contract and permanently delete any
electronic copies of the data stored by Provider within thirty (30) calendar days after
the conclusion of this Contract. If requested by the SCAO, the Provider will provide
written confirmation that deletion has been completed.
9.05 Section 9 of this Contract survives termination or expiration of this Contract.
Contract No. SCAO-2024-043
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10. RIGHTS TO WORK PRODUCT
10.01 All written or visual Work Product shall belong to the SCAO and is subject to copyright
or patent only by the SCAO. The SCAO shall have the right to obtain from the Provider
original materials produced under this Contract and shall have the right to distribute
those materials.
10.02 The SCAO shall have copyright, property, and publication rights in all Work Product
developed in connection with this Contract.
10.03 The SCAO grants the Provider a royalty-free, nonexclusive license to use any Work
Product developed in the course of executing this Contract that is not Confidential or
Proprietary as defined in Section 9 of this Contract if the Work Product enters the public
domain. However, the Provider shall not publish or distribute any Work Product
relating to the services provided under this Contract without the prior written
permission of the SCAO.
10.04 The Provider shall safeguard the Provider’s property, materials and Work Product. The
SCAO is not responsible and will not be subject to any Liabilities for any claims related
to the loss, damage, or impairment of Provider’s property, materials and/or Work
Product.
10.05 Section 10 of this Contract survives termination or expiration of this Contract.
11. WRITTEN DISCLOSURE
11.01 The Provider shall promptly disclose in writing to SCAO all Inventions, Patented
and/or Copyrighted Materials jointly with the SCAO or singly by Provider while
engaged in Services under this Contract. As to each such disclosure, the Provider shall
specifically bring to SCAO’s attention any features or concepts related to Inventions,
Patented and/or Copyrighted Materials that are new, unique or different such that they
may qualify for copyright, patent or other intellectual property protection.
11.02 The Provider shall assist the SCAO in determining and acquiring copyrights, patents,
or other such intellectual property protection for any Inventions, Patented and/or
Copyrighted Materials for which the SCAO desires to obtain such protection.
11.03 The Provider warrants that as of the Effective Date of the Contract, there are no
Inventions, Patented and/or Copyrighted Materials for which the Provider seeks
protection or which the Provider desires to remove from the Contract provisions before
entering into this Contract, except those specifically set forth by attachment hereto.
Further, the Provider warrants that its performance under this Contract will not infringe
upon or misappropriate any third party’s patents, copyrights or other intellectual
property rights.
Contract No. SCAO-2024-043
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11.04 The Provider further warrants that as of the Effective Date of the Contract, the Provider
has obtained all material licenses, authorizations, approvals and/or permits required by
law to conduct its business generally and to perform its obligations under this Contract.
12. WARRANTIES AND REPRESENTATIONS BY PROVIDER
12.01 The Provider represents and warrants to the SCAO that: (a) it will perform all Services
in a professional and workmanlike manner in accordance with best industry standards
and practices for similar services, using personnel with the requisite skill, experience
and qualifications, and will devote adequate resources to meet its obligations under this
Contract, including those obligations set forth in the Statement of Work (if applicable);
(b) the Services provided by Provider will not infringe upon the patent, trademark,
copyright, trade secret, or other intellectual property or proprietary rights of any third
party; (c) it has the full right, power, and authority to enter into this Contract, to grant
the rights granted under this Contract, and to perform its contractual obligations; and
(d) all information furnished and representations made in connection with the award of
this Contract is true, accurate, and complete, and contains no false statements or omits
any fact that would make the information misleading. A breach of this Section is
considered a material breach of this Contract, which entitles the SCAO to terminate
this Contract.
12.02 The Provider further represents and warrants that it is not subject to any nondisclosure,
noncompetition, or similar agreement with current or prior clients or employers that
will interfere with the performance of this Contract. The SCAO is not liable for any
such claims, in any event.
13. INSURANCE
13.01 The Provider shall carry insurance or governmental self-insurance coverage in such
amounts as necessary to cover all claims arising out of the Provider’s Services and/or
the Provider’s failure to provide such Services under the terms of this Contract.
13.02 The SCAO shall be listed as an additional insured except for governmental self-insured
programs on all insurance procured pursuant to this Contract.
13.03 Upon SCAO’s request, the Provider shall provide the SCAO with a Certificate of
Insurance or governmental self-insurance evidencing the required coverage, showing
SCAO except for governmental self-insurance as an additional insured, and providing
that such insurance shall not lapse or be canceled or modified unless SCAO has been
given at least thirty (30) days prior written notice of the intended cancellation or
modification in the manner set forth in Section 25 of this Contract. Should such notice
of cancellation be afforded and insurance coverage is cancelled during the terms of this
Contract, the cancellation will constitute a material breach of this Contract by the
Provider.
Contract No. SCAO-2024-043
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14. INDEMNITY
14.01 Unless Section 14.02 applies, the Provider agrees to indemnify, defend and hold
harmless the SCAO, the Michigan Supreme Court (the “MSC”), and their respective
agents, officers, and employees (the “SCAO, MSC and related entities”) from any
Liabilities that may be imposed upon, incurred by, or asserted against the SCAO, MSC
and related entities by reason of the Provider’s Services provided and/or the Provider’s
failure to provide such Services under this Contract. The Provider’s obligation to
indemnify the SCAO, MSC and related entities is not limited by: (1) failure to procure
and/or maintain insurance for Provider; (2) failure to procure and/or maintain sufficient
insurance for Provider; (3) by operation of insurance deductibles, holdbacks, or
minimums; or (4) by any other circumstances.
14.02 If the Provider is a local unit of government, that is a political subdivision and
instrumentality of the State of Michigan, or an office, department or agency thereof,
the following liability provisions apply:
A. All Liabilities arising solely out of the Provider’s Services provided under this
Contract, shall be the sole responsibility of the Provider, and not the responsibility
of the SCAO. Nothing in this subsection is, nor shall be construed as, a waiver of
governmental immunity.
B. All Liabilities arising solely out of the actions of the SCAO in the performance of
this Contract, shall be the sole responsibility of the SCAO, and not the
responsibility of the Provider. Nothing in this subsection is, nor shall be construed
as, a waiver of governmental immunity.
C. In the event that Liabilities arise as a result of Services jointly engaged in by the
Provider and SCAO in the performance of this Contract, all Liabilities shall be
borne by the Provider and SCAO proportionately with the relative fault of each
party. Nothing in this subsection is, nor shall be construed as, a waiver of
governmental immunity.
D. If the Provider contracts with a private third party(ies) to carry out the Provider’s
responsibilities under this Contract, then in that contract the Provider will require
the private third parties to indemnify SCAO and the Michigan Supreme Court
(“MSC”), including their officers, and employees (the “SCAO, MSC and related
entities”) from any Liabilities that may be imposed upon, incurred by, or asserted
against the SCAO, MSC and related entities arising from the acts or omissions of
the private third-party(ies) under such contract. Any private third party who will
not agree to such provisions may not be utilized by the Provider to perform services
under this Contract. This subsection does not waive governmental immunity as
provided by law.
Contract No. SCAO-2024-043
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14.03 In the event any action or proceeding is brought against the Provider by reason of any
claim covered under this Contract, the Provider will, at the Provider’s sole cost and
expense, resist or defend the action or proceeding.
14.04 In the event that the Provider consists of more than one entity/individual, all Liabilities
of the Providers under this Contract are joint and several.
14.05 Section 14 of this Contract survives termination or expiration of this Contract.
15. TERMINATION
15.01 Each party has the right to terminate this Contract without cause. However, the
terminating party must provide written notice to the other party of such termination at
least ten business days before the termination will be effective. Termination notice
shall be accomplished in the manner set forth in Section 25 of this Contract.
15.02 The SCAO will pay any compensation due to the Provider from the effective date of
termination after an invoice is submitted to, and if approved by, the SCAO. The
Provider will refund any compensation to the SCAO that was made in excess of the
amount invoiced and approved by SCAO at the time of termination.
16. COMPLIANCE WITH LAWS
16.01 The Provider shall comply with all applicable laws, ordinances, ethics rules and codes
of the federal, state, and local governments and the judiciary, and shall save and hold
the SCAO harmless with respect to any damages arising from any violation of the same
by the Provider.
16.02 In accordance with Public Law 103-227, Title X, Part B, Environmental Tobacco
Smoke, 20 USC 6081, also known as the “Pro-Children Act of 1994,” smoking may
not be permitted in any portion of any indoor facility owned or regularly used for the
provision of health, day care, education, or library services to children under the age of
18, if the services are funded by federal programs whether directly or through state or
local governments. Federal programs include grants, cooperative agreements, loans
and loan guarantees, and contracts. The law does not apply to children’s services
provided in private residences, facilities funded solely by Medicare or Medicaid funds,
and portions or facilities and used for inpatient drug and alcohol treatment.
16.03 The Provider will not discriminate against any employee or applicant for employment
with respect to hire, tenure, terms, conditions, or privileges of employment, because of
religion, race, color, national origin, age, sex, sexual orientation, gender identity or
expression, height, weight, familial status or marital status pursuant to the Elliott-
Larsen Civil Rights Act, found at MCL 37.2101 et seq . The Provider will also comply
Contract No. SCAO-2024-043
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with the provisions of the Michigan Persons with Disabilities Civil Rights Act, MCL
37.1101 et seq., and the Federal Rehabilitation Act of 1973, Public Law 93-112, § 504,
as amended, 29 USC §794. The Provider will also comply with the Americans with
Disabilities Act of 1990, 42 USC §12101 et seq., which prohibits discrimination
against individuals with disabilities and provides enforcement standards. Further, the
Provider will comply with all other federal, state or local laws, regulations and
standards as they may apply to the performance of this Contract. These awards are
subject to the requirements of the Trafficking Victims Protection Act of 2000 (22 USC
§7104 et seq.). The full text of this requirement is found at
https://www.acf.hhs.gov/grants/award-term-and-condition-trafficking-persons.
16.04 Because this Contract involves federal grant funds and contracts with governmental
entities, the SCAO and the Provider are subject to the provisions of the federal Freedom
of Information Act, found in 5 U.S.C. 552 et. seq., the Contracts of Public Servants
with Public Entities Act, found in MCL 15.321 et seq., and the Standards of Conduct
for Public Officers and Employees Act, found in MCL 15.341 et seq.
17. MICHIGAN LAW
This Contract shall be subject to, and shall be enforced and construed under, the laws of the
state of Michigan. Further, the Parties agree to litigate any disputes arising directly or
indirectly from the Contract in the Court of Claims in the state of Michigan, or if the Court of
Claims cannot take jurisdiction over the dispute then by the circuit court determined
appropriate by the SCAO.
18. CONFLICT OF INTEREST
The Provider presently has no personal or financial interest, and shall not acquire any such
interest, direct or indirect, that would conflict in any manner or degree with the performance
of this Contract. The Provider is not subject to any nondisclosure, noncompetition, or similar
clause with current or prior clients or employers that will interfere with the performance of this
Contract. The SCAO will not be subject to any liability for any such claim.
19. PROHIBITION ON USE OF SCAO FOR PROMOTIONAL OR MARKETING
PURPOSES
The Provider is not permitted to utilize the SCAO’s or the Michigan Supreme Court’s name,
logo or other images, or website information for promotional or marketing purposes.
Contract No. SCAO-2024-043
Page 12
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20. DEBT TO STATE OF MICHIGAN
The Provider covenants that it is not, and will not become, in arrears to the state of Michigan
or any of its subdivisions upon contract, debt, or any other obligation to the state of Michigan
or its subdivisions, including real property, personal property, and income taxes.
21. DISPUTES
The Provider shall notify the SCAO in writing of the Provider’s intent to pursue a claim against
the SCAO for breach of any term of this Contract within ten (10) business days of discovery
of the alleged breach. Notice must be provided by both electronic mail and by an overnight
delivery service that can track and confirm delivery as provided in Section 25 below.
22. ENTIRE AGREEMENT
This Contract contains the entire agreement between the Parties and supersedes any prior
written or oral promises and representations. No other understanding, oral or otherwise,
regarding the subject matter of this Contract exists to bind either of the Parties.
23. AMENDMENT
This Contract may be amended only upon written agreement of the Parties.
24. SEVERABILITY
Should any portion of this Contract be found to be invalid, illegal or unenforceable, then such
portion as is reasonably necessary to remove such invalidity, illegality or unenforceability shall
be deleted, and the remaining terms hereof shall continue in full force and effect.
25. DELIVERY OF NOTICE
Written notices and communications required under this Contract shall be delivered in two
forms: 1) by electronic mail, with confirmation of delivery receipt; and 2) by overnight delivery
sent by a nationally recognized overnight delivery service, upon written confirmation of
delivery from the service. Delivery shall be to the following addresses:
A. The Provider’s contact information is:
Suzanne Hollyer
230 Elizabeth Lake Road, Pontiac, MI 49341
hollyers@oakgov.com, 248-858-0431
B. The SCAO’s contact information is (both must be contacted):
Michelle Hilliker, ODR Manager
Alicia Moon, General Counsel
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Mailing address for both: Ms. Michelle Hilliker and Ms. Alicia Moon
State Court Administrative Office, Michigan Hall of Justice,
P.O. Box 30048, Lansing, MI, 48909
Email addresses (both must be used): HillikerM@courts.mi.gov and MoonA@courts.mi.gov
Phone number for Ms. Hilliker: 517-373-4844
Phone number for Ms. Moon: 517-373-1294
26. SIGNATURE OF PARTIES
The person signing this Contract must be a person authorized to enter into a binding Contract for
the Provider and SCAO. The Provider might have more than one individual who is authorized to
enter into binding contracts for the Provider that is receiving funds, or the Provider’s local rules
might provide that multiple people must sign contracts. However, only one person may sign this
Contract as the Provider’s authorized signatory. The undersigned’s signature on this Contract
represents the mutual agreement and acceptance of this Contract by all persons who are
authorized to enter into binding contracts for the Provider.
27. COUNTERPARTS
This Contract becomes effective on its Effective Date, as defined above.
This Contract may be executed by electronic signature in any number of counterparts, each of
which when so executed will be deemed an original, and all of which together, will constitute one
and the same agreement. Signatures sent electronically, by DocuSign, or by similar means
(including scanned images of signatures forwarded by e-mail) will have the same binding effect
as original signatures.
IN WITNESS WHEREOF, Provider 6th Circuit Court and SCAO have executed this
Contract:
6th CIRCUIT COURT
By:____________________________ Date:________________
_______________________________
(printed or typed name of Provider’s
Authorized Signatory)
Title: __________________________
STATE COURT ADMINISTRATIVE OFFICE
By:____________________________ Date:________________
Elizabeth Rios-Jones
Title: Deputy State Court Administrator